Please read the following terms of use closely before using our website. by accessing, browsing, and using this website, you acknowledge that you have read, understood, and agree to comply with these terms of use. If you do not agree with any part of these terms of use, you must not use this website.

Last modified: December 15, 2016

1. Acceptance of The Terms of Use.

These Public Hotels terms of use are entered into by and between you and Ian Schrager Company LLC DBA Ian Schrager Company (“company“, “we” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “terms of use”), govern your access to and use of publichotels.com, including any content, functionality, and services offered on or through publichotels.com (the “website“). Please read the terms of use carefully before you start to use the website. By using the website or by clicking to accept or agree to the terms of use, you accept and agree to be bound by these terms of use. if you do not want to agree to these terms of use, you must not access or use the website.

2. Changes to These Terms

We reserve the right to change these terms of use at any time upon notice. We may give notice by posting the updated terms of use on the website or by any other reasonable means. you can review the most current version of these terms of use at any time at this website address. The terms of use in effect at the time of your use of the website apply. Updated terms of use are binding on you with respect to your use of the website on or after the date indicated in the updated terms of use. If you do not agree to the updated terms of use, you must stop using the website. Your continued use of the website after the date of the updated terms of use will constitute your acceptance of the updated terms of use.

3. Accessing the Website

We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to certain users.

4. Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent. The company name, the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the company or its affiliates or licensors. You must not use such marks without the prior written permission of the company. All other names, logos, product, and service names, designs, and slogans on this website are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content on this website by or through your use of the website.

5. Permitted Uses

You may use the website only for lawful purposes and in accordance with these terms of use. You agree not (a) To use the website in any way that violates any applicable federal, state, local, or international law or regulation, (b) Use the website for any unauthorized, fraudulent, or malicious purpose, (c) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm the company or users of the website or expose them to liability, (d) Use the website in any manner that could disable, overburden, damage, or impair the site, (e) Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website, (f) To access systems, data or information not intended by us to be made accessible to a user, (g) To obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or (f) To use the website for any use other than the business purpose for which it was intended.

6. Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents. We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

7. No Offers

Except with respect to these terms of use, no actions you take through the website will create a binding contract between you and the company, and nothing on this website is an offer for a contract. All other terms and conditions will be set forth in other documents, independent of these terms of use and the website.

8. Links from the Website

If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Disclaimer of Warranties

Your use of the website and its content are at your own risk. The website and its content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website or its content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or its content will otherwise meet your needs or expectations. To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

10. Limitation of Liability

To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, or any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, and including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

11. Indemnification

You agree to defend, indemnify, and hold harmless the company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) Your violation of these terms of use or your use of the website, or (b) Your violation of any other party’s rights or applicable law.

12. Arbitration and Governing Law

You will submit any disputes arising from the use of these terms of use or the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the American Arbitration Association applying New York law. These terms of use will be governed by and construed in accordance with the laws of the state of new york, without giving effect to its conflict of laws provisions.

13. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one year after the cause of action accrues, otherwise, the cause of action or claim is permanently barred.

14. Best Rate Policy

BOOK A ROOM USING A PUBLIC RESERVATION CHANNEL (PUBLICHOTELS.COM OR 888.871.5226). IF YOU FIND A LOWER QUALIFIED RATE AND BOOK IT WE WILL MATCH IT… AND BETTER YET, RECEIVE AN ADDITIONAL 10% OFF. SIMPLY FORWARD YOUR RESERVATION CONFIRMATION WITHIN 24 HOURS OF BOOKING TO RESERVATIONSNY@PUBLICHOTELS.COM AND WE WILL GET BACK TO YOU. YOUR RESERVATION CONFIRMATION SHOULD INCLUDE A ROOM PRICE BREAKDOWN OF THE LOWER RATE FOR THE SAME DATES AND ROOM TYPE.

RATE TYPE EXCLUSIONS

THE GUARANTEE DOES NOT APPLY OR LIMITED TO THE FOLLOWING RATE TYPES:

• RATES NOT PUBLICLY AVAILABLE, SUCH AS NEGOTIATED CORPORATE, GROUP RATES, TRAVEL COUPONS, OR MEMBERSHIP RATES.
• QUALIFIED DISCOUNT RATES INCLUDING BUT NOT LIMITED TO GOVERNMENT/MILITARY AND RATES MADE AVAILABLE EXCLUSIVELY TO FRIENDS & FAMILY
• LOYALTY PROGRAM.
• RATES THAT REQUIRE A PAID MEMBERSHIP IN A CLUB OR OTHER ORGANIZATION, OR APPROVED BY PUBLIC FOR DISCOUNTED RATES, SUCH AS AAA.
• PACKAGE RATES THAT INCLUDE ROOM AND OTHER COMPONENTS SUCH AS TRAVEL, CAR RENTAL, ENTERTAINMENT, AND/OR NON-BREAKFAST MEALS.
• PACKAGE OR GROUP ADD-ON RATES THAT EXTEND THE LENGTH OF A STAY.
• RATES NEGOTIATED FOR STAYS EXTENDING BEYOND 30 NIGHTS.
• RATES AVAILABLE ON AUCTION WEBSITES.
• RATES AVAILABLE ON WEBSITES THAT DO NOT DISCLOSE THE HOTEL BRAND UNTIL THE RESERVATION IS COMPLETED, SUCH AS PRICELINE AND HOTWIRE.

SUBMISSION GUIDELINES

THE “COMPARISON RATE” MUST BE FOUND, AND AN EMAIL WITH YOUR RESERVATION CONFIRMATION INCLUDING A ROOM PRICE BREAKDOWN OF THE LOWER RATE (INCLUDING DATES, ROOM TYPE, WEBSITE, AND BOOKING INFO) MUST BE SENT TO RESERVATIONSNY@PUBLICHOTELS.COM, WITHIN 24 HOURS OF BOOKING. IT ALSO MUST BE FOR THE SAME ROOM TYPE AND RESERVATION DATES. THE SAME CANCELLATION AND ADVANCE PURCHASE POLICIES AND OTHER TERMS AND CONDITIONS GOVERNING THE RATES MUST APPLY. IN ADDITION, IF THE COMPARISON RATE IS FOUND ON THE DAY OF ARRIVAL, THE CLAIM MUST BE SUBMITTED BY 10:00 P.M. OF THAT DAY IN THE HOTEL’S TIME ZONE IN ORDER TO ENSURE TIMELY PROCESSING.

VERIFICATION PROCESS

PUBLIC WILL VERIFY THE COMPARISON RATE WITHIN 24 HOURS OF RECEIVING YOUR CLAIM AND NOTIFY YOU OF THE RESULTS. WHEN MULTIPLE RATES FOR THE SAME RESERVATION DATES, AND ROOM TYPE ARE AVAILABLE THROUGH THE PUBLIC WEBSITE CHANNEL YOU MUST RESERVE THE LOWEST RATE TO BE ELIGIBLE FOR THE GUARANTEE.

THE COMPARISON RATE MUST BE RESERVABLE BY THE GENERAL PUBLIC AND BE VERIFIABLE BY PUBLIC AS RESULTING IN AN ACTUAL HOTEL RESERVATION. IF THE COMPARISON RATE IS OFFERED THROUGH A PUBLIC CHANNEL, YOU MUST RESERVE THAT RATE TO QUALIFY FOR THE GUARANTEE.

PUBLIC WILL NOT CHARGE A CANCELLATION FEE. IF THE COMPARISON RATE IS RESERVED THROUGH A NON-PUBLIC CHANNEL, PUBLIC IS NOT RESPONSIBLE FOR ANY FEES OR OTHER COSTS INCURRED DUE TO CANCELLATION OF A RESERVATION. SCREEN IMAGES OF COMPARISON OFFERS WILL BE USED TO ASSIST WITH CLAIM REVIEW PROCEDURES BUT WILL NOT BE ACCEPTED AS VALIDATION OF A COMPARISON OFFER.

RATE COMPARISON WILL BE MADE NET OF ANY TAXES, GRATUITIES, OR ANY OTHER FEES ASSOCIATED WITH THE ROOM RATE, AND THE COMPARISON RATE MUST STILL BE AVAILABLE AT THE TIME PUBLIC VALIDATES THE CLAIM. RATE DISPARITIES PRIMARILY ATTRIBUTABLE TO FLUCTUATIONS AND/OR DIFFERENCES IN CURRENCY EXCHANGE RATES ARE EXCLUDED FROM THE GUARANTEE. PUBLIC MAY DENY CLAIMS WHERE THE DIFFERENCE BETWEEN THE COMPARISON DAILY RATE AND THE DAILY RATE ON THE PUBLIC RESERVATION CHANNEL IS LESS THAN $5.

COMPARISON RATES APPLICABLE TO ONLY A PORTION OF YOUR ENTIRE SCHEDULED STAY WILL NOT BE HONORED; NOR WILL THEY BE VALID FOR A MULTI-DAY STAY IF THE TOTAL ROOM COST OF THE STAY IS THE SAME OR GREATER THAN THE TOTAL ROOM COST THROUGH THE PUBLIC CHANNEL. VOID WHERE PROHIBITED BY LAW. PUBLIC RESERVES THE RIGHT TO MODIFY OR CANCEL THE GUARANTEE AT ANY TIME WITHOUT PRIOR NOTICE.